Since the United States Supreme Court’s ruling in Obergefell v. Hodges, 576 U.S. 644 (2015) in 2015, marriage equality has been legal in all 50 states. As more LGBTQ+ couples wed, new legal questions have emerged about divorce.
Because LGBTQ+ marriage and divorce have less history, the court system has been challenged to adapt. This process has been uneven, leading to frustration and uncertainty for many couples.
An experienced LGBTQ+ divorce attorney at The Law Offices of Richard C. McConathy can help you navigate this complex and ever-evolving landscape. They can advocate for your rights and interests in all aspects of your divorce, including:
If you are facing an LGBTQ+ divorce, it is important to have a knowledgeable and compassionate attorney on your side. They can help you understand your legal rights and options, and develop a strategy to achieve your desired outcome.
Here are some additional tips for LGBTQ+ couples going through divorce:
Remember, you are not alone. There are many resources available to help you through this difficult time. With the right support, you can emerge from your divorce stronger and more resilient.
One of the biggest challenges in an LGBTQ+ divorce is when the couple has a child together, especially if the child is biologically related to one parent and is not formally adopted by the non-biological parent. In the eyes of the court, this can raise questions about child custody, even though both spouses may play equal roles in parenting.
This can be avoided through a second-parent adoption, but if you do not have time to do this before divorce, it is important to speak with a divorce attorney to discuss your options. Another potential issue in Texas divorces is the date of marriage.
If a couple lived in Texas, held themselves out as married, and had a commitment ceremony or other commitment to be married prior to 2015, and then legally married in another state when it was legal to do so or after June of 2015, one spouse may claim a common law marriage date. This can affect the official date of marriage, the length of the legal marriage, and what community property is available to be divided in the divorce.
If you are facing an LGBTQ+ divorce in Texas, it is important to have an experienced attorney on your side who can help you navigate these complex issues and protect your rights.
Here are some additional tips for LGBTQ+ couples going through divorce in Texas:
Establishing parental rights is the first step in protecting your child in the event of divorce or separation. However, LGBTQ+ parents in Texas face unique challenges in child custody cases.
Texas courts are required to decide child custody cases based on the child’s best interests. However, judges have wide discretion in determining what is in the child’s best interests. This means that LGBTQ+ parents may face discrimination in custody cases, even if they are loving and capable parents.
In general, both legal parents are entitled to joint custody of their children. However, if one parent is not a biological parent, they may have to prove that they have established a parental relationship with the child in order to obtain custody rights.
Even if a non-biological parent has established a parental relationship, the legal parent will almost always win sole custody unless the non-legal parent can prove that giving the legal parent sole custody would significantly impair the child’s physical health or emotional development.
The law is particularly unclear around child custody cases involving gender identity and sexual orientation. Parents who are gender diverse, and parents who are raising gender diverse children, can both face challenges to custody.
If you are an LGBTQ+ parent in Texas, it is important to have an experienced family law attorney who can help you protect your parental rights.
Texas is a community property state, which means that all property acquired during the course of a marriage is considered to be owned equally by both spouses. This includes both assets and debts.
At the time of divorce, the community property will be divided equitably (though not necessarily equally) between the spouses. This means that the court will consider a number of factors, such as the needs of each spouse, the contributions each spouse made to the marriage, and any fault in the breakup of the marriage.
The laws of property division in same-sex divorce in Texas are the same as the laws of property division in opposite-sex divorce. This means that same-sex couples can expect to have their property divided fairly and equitably during the divorce process.
If you are a partner in a same-sex marriage and you are considering divorce, it is important to contact an attorney who specializes in same-sex divorce in Texas. An attorney can help you to understand your rights and protect your interests during the divorce process.
Here are some tips for same-sex couples who are going through a divorce:
In Texas, any income earned during the course of a same-sex marriage is considered community property and is subject to division upon divorce. This includes salary, wages, and income from retirement assets or other investments.
Community property also includes any property acquired during the marriage, such as a home, cars, and investments. Home equity that builds up over the years is also considered community property.
Debts incurred during the marriage are also community debts and are subject to division upon divorce.
The court will divide community property and debts equitably, but not necessarily equally. The court will consider a number of factors, such as the needs of each spouse, the contributions each spouse made to the marriage, and any fault in the breakup of the marriage.
In a same-sex divorce in Austin, Texas, community property is divided in a “just and right” manner, which means it should be equitable rather than necessarily equal. Several factors may be considered by the court to determine an equitable division, including:
These factors are used to create an equitable division of assets and debts based on the unique circumstances of the divorcing couple. It’s essential to consult with a family law attorney in Texas for guidance specific to your situation, as divorce laws and considerations may evolve over time.
To ensure fairness and balance in same-sex divorces, courts consider a range of factors when determining spousal support, including:
In summary, courts consider a variety of factors to ensure that spousal support is fair and equitable for both parties in a same-sex divorce.
Domestic violence is a serious issue that can impact various types of relationships, not just romantic ones. It encompasses a range of abusive behaviors that extend beyond physical violence, including:
These various forms of domestic violence can significantly affect divorce or child custody cases. It’s crucial to seek legal assistance when dealing with domestic violence issues. If you are facing an emergency situation related to domestic violence, it’s essential to prioritize your immediate safety by contacting law enforcement, such as calling 911, and then seeking legal assistance once you are safe. A qualified attorney can help you understand your rights and guide you through the legal process to protect yourself and your family.
A domestic violence protective order (DVPO) is a court order that prohibits the abuser from contacting or coming near you or your child. This may include visiting your home, work, or any other place you frequent. DVPOs also typically prohibit the abuser from communicating with you in any way, including by phone, email, and social media. In some cases, a DVPO may also award you temporary child custody or limit child visitation.
If you are in fear of your spouse, ex, or another party with whom you share a household, you should seek a DVPO. An attorney can help you investigate your case and file a petition for a DVPO.
A prenuptial agreement, also known as a prenup, is a legal contract signed by a couple before marriage. It establishes the rights and responsibilities of each spouse in the event of a divorce or separation.
Some of the issues that can be addressed in a prenuptial agreement include:
It is important to note that both parties must enter into a prenuptial agreement voluntarily, and an agreement cannot be used to establish unfair or unreasonable terms on either spouse. Each party should have an attorney review the agreement to ensure that their rights are protected.
Here are some additional things to keep in mind about prenuptial agreements:
If you are considering getting a prenuptial agreement, it is important to talk to your partner about your expectations and to seek legal advice from an attorney.
A postnuptial agreement is a legal contract that a couple signs after they are married. It establishes the rights and responsibilities of each spouse in the event of a divorce or separation. The issues that can be addressed in a postnuptial agreement are the same as those in a prenuptial agreement, such as property division, debt division, spousal support, and inheritances.
Postnuptial agreements can be especially beneficial for LGBTQ+ couples. For example, LGBTQ+ couples who married before 2015 may have different legal rights and obligations than couples who married after that date. Additionally, LGBTQ+ couples may be more likely to have complex financial arrangements, such as multiple businesses or inheritances from same-sex partners.
A postnuptial agreement can help LGBTQ+ couples to:
If you are an LGBTQ+ couple considering a postnuptial agreement, it is important to work with an experienced attorney who can help you draft an agreement that is tailored to your specific needs and circumstances.
Here are some special considerations for LGBTQ+ couples when negotiating a postnuptial agreement:
It is also important to note that postnuptial agreements must be signed voluntarily and without any undue pressure. Each spouse should have their own attorney review the agreement before signing it.
If you are an LGBTQ+ couple considering a postnuptial agreement, I encourage you to contact an experienced attorney to discuss your options and to get help drafting an agreement that protects your rights.
The Law Offices of Richard C. McConathy is a Texas-based law firm that specializes in family law for LGBTQ+ clients in Fort Worth, Arlington, Grapevine, Keller, Southlake, and other cities in Tarrant County, TX. The firm offers a variety of services, including:
The Law Offices of Richard C. McConathy is committed to providing LGBTQ+ clients with the legal support they need to protect their families and achieve their goals. Do not wait to call (817) 422-5350 or contact us online to schedule a free consultation.